Logasundaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.440 of 2019 and WMP.No.452 of 2019 Logasundaram ...
Petitioner Vs.
1. The District Collector
2. The Revenue Divisional Officer Gobichettipalayam
3. The Revenue Tahsildar Bhavani
4. The Executive Engineer Public Works Department (Ne.Aa.D) Mettur Dam Division Mettur.
5. T.N.Rajendran President Thottipalayam Primary Agricultural Co-operative Society Ltd., Thottipalayam Bhavani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to remove the Field Bothies formed by them in the petitioner's land having an extent of 1.47 acres in R.S.No.504/4, 5 of Bhavani-B Village, Bhavani Taluk by considering the petitioner's representation dated 3.12.2018 within the time fixed by this Court and consequently forbearing the respondents from disturbing the peaceful possession and enjoyment of the petitioner's land in R.S.No.504/4, 5 in Bhavani-B Village, Erode District by the petitioner.
For Petitioner : Mr.I.C.Vasudevan For Respondents : Mr.Manigopi Government Advocate [R1 to R4]
ORDER
The petitioner has preferred a representation on 26.07.2019 to the respondents 1 to 3 to remove the Field Bothies (Koppu Vaikkal) put up in the lands of the petitioners,
2. Heard the learned counsel for the petitioner. Mr.M.Manigopi, learned Government Advocate takes notice for respondents 1 to 4 and made a statement on written instructions that the enquiry for the purpose is scheduled to take place at 3.00 p.m., on 05.03.2021 in the Office of the Revenue Divisional Officer, Gobichettipalayam /second respondent. The said statement is recorded.
3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the second respondent / Revenue Divisional Officer, Gobichettipalayam is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.
4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds
1. The District Collector
2. The Revenue Divisional Officer Gobichettipalayam
3. The Revenue Tahsildar Bhavani
4. The Executive Engineer Public Works Department (Ne.Aa.D) Mettur Dam Division Mettur.
+1cc to the Government Pleader, SR.No.10722.
W.P.No.440 of 2019 GMI(CO) CSR 12.03.2021